Expert advice on navigating the inquest process, from written statements to giving evidence in court.
Being asked to give evidence at a coroner’s inquest can be a daunting prospect for healthcare professionals. Whether you are providing a written statement about a patient’s care or attending court to give oral evidence, proper preparation is essential to help the coroner establish the facts surrounding an unexpected death. The British Medical Journal and NHS Resolution have published comprehensive guidance to help medical staff understand what to expect and how to present evidence effectively.
A coroner’s inquest is a fact-finding hearing where the coroner determines which evidence will be heard and which witnesses will be called. The process aims to establish who died, where and when they died, and how they came by their death. The coroner examines evidence to understand the circumstances, and in some cases may identify whether acts or omissions by healthcare professionals or organisations may have contributed to the death.
Preparing Your Written StatementIf you are asked to provide a written report about your involvement in a patient’s care, this is your first opportunity to set out the facts clearly and comprehensively. A well-prepared statement may actually avoid the need for you to attend the inquest in person, as the coroner may decide the written evidence is sufficient.
Your statement should be detailed, accurate and objective, focusing on facts relevant to the death. Rather than using medical shorthand or bullet points, write in full English and explain any medical terms that a lay person might not understand. Each action should be linked to an identified individual, and the timeline should be chronological and clear. Include significant past medical history, drug history, alcohol or drug use, and any relevant mental health information. If the records do not contain answers to key questions, do not speculate—note that the information is unavailable.
Expert medicolegal advisers emphasise that you should not delay in preparing this statement. Meeting the deadline set by the coroner is important, as delays in submitting evidence can potentially result in a referral to the General Medical Council. Take time to review the patient’s medical records thoroughly before drafting your statement, and seek advice from your defence organisation early if you believe criticism of your care may arise.
Before You Attend CourtIf you are called to give evidence in person, preparation is key. Familiarise yourself thoroughly with your written statement and any other evidence you provided. Months or even years may have passed since the events in question, so reviewing the material in advance will help you recall the circumstances accurately. Print copies of your statement and relevant medical records to bring with you, as you are permitted to refer to these documents when giving evidence—this is not a memory test.
Allow plenty of time to travel to the courthouse. Inquests are heard in various settings, from modern courtrooms to historic courthouses, and all are formal legal environments. Dress professionally, as you would for a job interview. Court officials will be able to guide you to the correct room and answer practical questions.
If you have legal representation through your defence organisation or hospital legal team, take their advice on all aspects of your attendance. You are entitled to bring a supportive friend or colleague with you if this would help with your nerves, which is entirely normal when attending court.
Giving Your EvidenceWhen you give evidence, you will first be asked whether you wish to swear an oath or give an affirmation—both are equally valid promises to tell the truth. If you choose to swear, you may need to bring your own holy book.
Address your answers directly to the coroner, using ‘Sir’ or ‘Ma’am’. The coroner will usually ask questions first, followed by the family (who may have legal representation) and other interested persons. The coroner is experienced in managing these proceedings and will prevent inappropriate questions.
Your key obligation is to be completely honest in your answers. This includes saying ‘I don’t know’ or ‘I can’t remember’ if this is truthful. If you have been involved in an incident where mistakes were made or there were complications, be open about this—coroners appreciate reflective practitioners who acknowledge shortcomings and learning points. Do not filter your evidence to protect colleagues or avoid embarrassment, but equally do not speculate about what others were thinking or intending.
Speak clearly and logically, allowing the coroner time to write down your evidence. Once you have answered a question, stop talking and do not feel obliged to fill silences. Stick to matters within your own experience and expertise relevant to the patient’s care.
Designated as an Interested PersonDepending on your role in the patient’s care and whether the coroner believes your actions or omissions may have contributed to the death, you may be designated as an ‘interested person’ rather than simply a factual witness. This status gives you specific legal rights, including the right to be legally represented, to ask questions of other witnesses, and to access relevant documents. If you are designated as an interested person, contacting your defence organisation early allows time for independent legal representation to be arranged.
Supporting ResourcesNHS Resolution has produced films and guides specifically to help healthcare staff prepare for inquests, covering what to expect at each stage and answering frequently asked questions. Your defence organisation and hospital legal team can also provide seminar training and one-to-one advice tailored to your circumstances.
Source: @bmj_latest
Key Takeaways
- A well-prepared written statement, submitted on time and reviewed against medical records, may avoid the need to attend court in person
- Dress professionally, arrive early, and familiarise yourself thoroughly with your evidence before giving testimony
- Always answer honestly, including admitting when you do not know or cannot remember, and be open about any mistakes or complications
- Seek early advice from your defence organisation or legal team—preparation prevents adverse consequences and demonstrates professionalism to the coroner
- If you are designated as an interested person, you have the right to legal representation and should arrange this as soon as possible
What This Means for Kent Residents
For Kent healthcare professionals working across the Kent and Medway NHS Trust and local hospital services, understanding the inquest process is important for supporting bereaved families and ensuring the NHS learns from unexpected deaths. If you are called to give evidence, the Royal Medical Benevolent Fund, the Medical Defence Union and other professional defence organisations offer specific guidance and support for UK doctors. Early consultation with your employer’s legal team or defence body will help you navigate the process effectively and ensure your evidence contributes clearly to the coroner’s fact-finding investigation.


